Cecily Zamora
Tort law is a body of law that addresses civil wrongdoings and provides remedies for non-contractual acts. It defines what constitutes a legal injury and sets out the circumstances under which one person may be held liable for another's injury. The three purposes of tort law are compensating the victim, punishing the wrongdoer, and deterring harmful activities. Sources of tort law include case law, statutes, regulations, and law journal articles. In the past, tort law has primarily been a matter of common law rather than statutory law, with judges developing many fundamental principles through case adjudication. The term 'tort' originates from the French word for 'wrong' and came to India and England after the Norman Conquest, where it turned into the spoken language of England's judiciary.
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Intentional torts
An intentional tort is when an individual or entity purposely engages in conduct that causes injury or damage to another. There is a specific code of conduct that everyone is expected to follow, and a legal duty to act in a certain way to reduce the risk of harm to others.
To prove an intentional tort, the plaintiff must show that the defendant acted with specific intent, i.e., they had the mental state of intentionally performing the act. This is often referred to as "malice". This is in contrast to negligent torts, where the plaintiff must prove that the defendant simply violated a general duty of care.
Common intentional torts include:
- Battery: This is the legal term for physically hitting someone, or touching them in an offensive manner, such as in cases of sexual battery. It also covers a broader range of activities, such as firing a gun at someone.
- Assault: This is an attempted battery or threatening injury.
- False imprisonment: This is the act of confining or bounding someone without a means of escape.
- Trespass to land: Entering someone's land without permission.
- Trespass to chattels: Handling items owned by another without permission.
- Conversion: Taking possession of someone else's property with the intention of not returning it.
- Dignitary torts: Violating an individual's dignity, reputation, or privacy, such as through defamation, intrusion on seclusion, or breach of confidence.
It is important to note that intentional torts are generally uninsurable as a matter of public policy, meaning that wrongdoers must pay damages out of their own pocket.
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Negligence torts
To establish a claim of negligent tort, the plaintiff must generally prove four elements: duty of care, breach of duty, causation, and damages. The duty of care refers to the legal obligation to act reasonably and avoid causing harm to others. This duty arises from the general expectation that individuals should not cause harm to one another. The breach of duty occurs when the defendant fails to act reasonably or engages in conduct that falls below the expected standard of care. Causation requires demonstrating that the plaintiff's harm was a reasonably foreseeable consequence of the defendant's actions or omissions. Finally, the plaintiff must have suffered actual damages or injuries as a result of the defendant's negligence.
The concept of negligence has evolved over time, with the significance of intent gaining recognition. In determining negligence, the likelihood of harm, the severity of harm, and the burden of precautions necessary to reduce or eliminate the risk of harm are considered. While most cases of tort are resolved by a judge, more serious matters may require a jury.
An example of a negligence tort case is Beaulieu v Finglam [1401], where the defendant, a returning officer, wrongfully refused to register the plaintiff's vote. The Court held that the violation of the plaintiff's statutory right was an injury, regardless of whether actual damage occurred.
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Strict liability torts
In strict liability situations, the claimant need only prove that the tort occurred and that the defendant was responsible. The defendant can, however, raise a defence of absence of fault, especially in cases of product liability. For instance, the defendant may argue that the defect was the result of the plaintiff's actions and not of the product.
Strict liability is often distinguished from absolute liability. While an actus reus may be excused from strict liability if due diligence is proved, absolute liability requires only an actus reus.
In the United States, strict liability can be determined by looking at the intent of the legislature. It is also found in criminal law, often applying to vehicular traffic offenses. For example, in a speeding case, the prosecutor need only prove that the defendant was driving in excess of the speed limit, regardless of whether the defendant knew that they were speeding.
Some examples of strict liability in the field of torts include product liability, abnormally dangerous activities (e.g. blasting), intrusion onto another's land by livestock, and ownership of wild animals.
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Business torts
Tort law deals with legal wrongs or injuries caused to individuals or their property. It provides remedies for non-contractual acts of civil wrongdoing. A person suffering legal damage may be able to use tort law to receive compensation for those injuries from someone who is liable. The three purposes of tort law are:
- Compensating the victim
- Punishing the wrongdoer
- Deterring harmful activities
Some common types of business torts include:
- Tortious interference: This occurs when a third party intentionally causes a contracting party to breach a contract or disrupts the ability of another to perform their obligations under the contract.
- Restraint of trade: This refers to actions that make it harder for a business to operate, such as unfair limits or rules that hinder a business's growth.
- Theft of trade secrets: This involves the stealing of confidential and valuable information from a business.
- Injurious falsehood: This is an intentionally false statement made to damage another business, such as through slander of title, trade libel, or disparagement.
- Unfair competition: This occurs when two businesses compete on unequal terms due to favourable or disadvantageous conditions applied to some competitors but not others.
There are several remedies available for business torts, including monetary compensation, injunctions to stop the harmful behaviour, and enforcement of contract fulfilment.
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Tort law sources
Tort law is a body of law that addresses civil wrongdoings outside of a breach of contract and provides remedies for them. It defines what constitutes a legal injury and sets out the circumstances under which one person may be held liable for the injury of another. The three purposes of tort law are:
- Compensating the victim
- Punishing the wrongdoer
- Deterring harmful activities
Tort law has historically been a matter of common law rather than statutory law. This means that judges, rather than legislatures, developed many of the fundamental principles of tort law through different case adjudications. The term 'tort' itself comes from the French word for 'wrong' and entered English law after the Norman Conquest.
Tort law cases can be intentional, negligent, or strict liability. Negligence is the most common type of tort case. Negligence occurs when a tortfeasor (the person responsible for committing a wrong) is careless and therefore responsible for the harm this carelessness caused to another. Intentional torts are when an individual or entity purposely engages in conduct that causes injury or damage to another. Strict liability applies to cases where responsibility for an injury can be imposed on the wrongdoer without proof of negligence or direct fault.
There are various secondary sources that can be used to understand tort law. Treatises, written by legal scholars and practitioners, provide in-depth analysis of an area of law and include citations to relevant sources, including case law, statutes, regulations, and law journal articles. Restatements of the Law address uncertainty in the law and attempt to clarify, modernize, and otherwise improve the law.
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